Last Update: July 27, 2026

How To Claim an Abandoned Vehicle in Wisconsin

Claiming an abandoned vehicle in Wisconsin involves a structured legal process governed by Wisconsin Statute 342.40 for municipalities and counties removing vehicles from public or private property. Wisconsin law also establishes a separate Involuntary Lien Process for landlords, repair shops, storage facilities, and towing companies with financial interests in the vehicle, governed by Wisconsin's personal property lien statutes. Both processes require compliance with notice, waiting period, public auction, and title transfer requirements to ensure proper ownership transfer and legal protection for all parties.

What Qualifies as an Abandoned Vehicle in Wisconsin

Wisconsin defines abandoned vehicles based on their location and the duration of their unattended status. Under Wisconsin Statute 342.40(1m), a vehicle constitutes an abandoned vehicle under the following circumstances:

• Left unattended on a public highway or public property without permission for more than 48 hours in cities classified as first class, or for a period established by the governing body of other municipalities, villages, or towns. The vehicle must reasonably appear to have been deserted.
• Left unattended on private property without the property owner's permission for more than 48 hours in cities classified as first class, or for a period determined by the applicable governing body in other jurisdictions.
• Left unattended due to circumstances requiring immediate removal, such as situations involving law enforcement action, traffic hazards, or public safety concerns, as determined by a municipal police officer, sheriff's deputy, state traffic officer, or conservation warden.

A motor vehicle is not considered abandoned if it is out of ordinary public view or has been designated as not abandoned by a duly authorized municipal or county official pursuant to municipal or county ordinance.

Under Wisconsin law, state agencies on whose property a vehicle is left unattended without permission for more than 72 hours may exercise the same authority as municipalities under Wisconsin Statute 342.40(4)(b)1.

Process To Claim an Abandoned Vehicle in Wisconsin

Wisconsin law provides two distinct legal procedures for claiming abandoned vehicles. The Abandoned Title Process, governed by Wisconsin Statute 342.40, applies when a municipality or county has removed and impounded an abandoned vehicle from public or private property and seeks to sell or junk the vehicle. The Involuntary Lien Process, governed by Wisconsin's personal property lien statutes, applies when a landlord, repair shop, storage facility, or towing company holds a lien against the vehicle for services rendered or rental agreements and seeks enforcement through sale or disposal. The applicable procedure depends on which entity is claiming the vehicle and the circumstances under which it was abandoned.

Understanding the Abandoned Vehicle Process

Abandoned Title Process: This procedure applies when a municipality or county has removed and impounded an abandoned vehicle from public or private property under § 342.40. The municipality or county may sell or junk the vehicle through this process, with proceeds distributed in accordance with state law. Notice to the registered owner and lienholders is required at least 10 days before sale or disposal.

Involuntary Lien Process: This procedure applies when a landlord holds a rental agreement with the former tenant, a repair shop has completed repairs, a self-storage facility has a storage agreement, or a towing company has removed a vehicle and incurred charges. All entities using this process must follow identical procedural requirements for notice, waiting periods, and sale. Notice to registered owners and lienholders must be provided via certified mail at least 20 days before the vehicle is sold or disposed of.

In both processes, successful claimants must conduct a public sale unless circumstances permit a private sale or donation, and must obtain title through the Wisconsin Department of Transportation. Possession of a vehicle does not confer ownership; transfer of legal title requires completing the appropriate process and submitting the required forms to obtain a certificate of title.

Obtain Owner and Lienholder Information

Before initiating either process, the entity in possession of the vehicle must identify all legal owners and lienholders of record. If the vehicle is titled in Wisconsin, complete the MV2896 Vehicle/Driver Record Information Request form and submit it to the Wisconsin Department of Transportation, along with the applicable fee, to obtain certified owner and lienholder information. If the vehicle is titled in another state, contact the motor vehicle agency in that state to obtain certified records. For vehicles with no record in any jurisdiction, the possessor may need to pursue a bonded title process or obtain a court order to establish title, depending on the circumstances.

Wisconsin also maintains an online lien holder search tool that allows verification of titleholders and lienholders by vehicle identification number.

Send Required Certified Mail Notice

Both the Abandoned Title Process and the Involuntary Lien Process require sending a certified mail notice to all registered owners, titled owners, and lienholders of record. The notice must inform recipients of their right to reclaim the vehicle after payment of any accrued charges for towing, storage, repairs, or other services rendered.

For the Involuntary Lien Process, a certified mail notice must be sent at least 20 days before the sale or disposal of the vehicle. For the Abandoned Title Process, a certified mail notice must be sent at least 10 days before sale or disposal. The entity sending the notice must retain copies of all certified mail receipts, including the names and addresses of the recipients and the mailing dates, as these receipts constitute proof of notice required for the title application.

Allow the Statutory Waiting Period

Upon receipt of a certified mail notice, the claimant must allow the applicable waiting period to elapse. For the Involuntary Lien Process, the waiting period is a minimum of 20 days from the date notice is sent. For the Abandoned Title Process applied by municipalities and counties under § 342.40, the waiting period is a minimum of 10 days from the date a certified mail notice is sent to the owner and lienholders of record. If the registered owner or any lienholder reclaims the vehicle during this period after paying all accrued charges, the process terminates, and the claimant must report this outcome through the appropriate channel.

Conduct a Public Sale or Authorized Alternative

At the expiration of the required waiting period, the vehicle may be disposed of through one of the following methods permitted under Wisconsin law:

Public Sale: The vehicle must be sold through a public auction or bid sale. Any interested person, including the entity in possession of the vehicle, may submit bids. The sale must follow procedures established by municipal or county ordinance if the Abandoned Title Process is used. For vehicles sold under the Involuntary Lien Process, the entity in possession conducts a public sale that shows the sale date or date range, the vehicle information (year, make, and model), and an indication that the entity is conducting the sale. Proof of the public sale must be retained for submission with the title application.

Sealed Bid: The Abandoned Title Process permits sale by sealed bid as provided by municipal or county ordinance. This procedure allows municipalities to establish their own sealed bid processes through local ordinance.

Private Sale: Either process allows private sale in certain circumstances, such as when no bids are received at public sale.

Donation to Nonprofit Organization: The vehicle may be donated to a qualified nonprofit organization.

Junking: The vehicle may be junked or disposed of as a salvage vehicle. If the vehicle is being junked, the entity must notify the local police department of its intent to dispose of it.

For the Abandoned Title Process, the highest bid is accepted unless the authorized municipal or county representative determines the bid to be inadequate, in which case all bids may be rejected and the sale readvertised, adjourned, held privately, junked, or donated.

Complete Required Title Forms and Documents

After the vehicle is sold, the entity conducting the sale must prepare the appropriate documentation for the purchaser. For the Abandoned Title Process, the municipality or county must complete a MV2419 Abandoned/Unregistered Vehicle Transfer Certificate form provided by the Wisconsin Department of Transportation. This form enables the purchaser to obtain a regular certificate of title.

For the Involuntary Lien Process, the entity conducting the sale must provide the purchaser with a completed MV2881 Disclaimer for Involuntary Lien Transfers (for landlord, mechanic, storage, or towing lien) or MV2882 Abandonment of Property to a Landlord form (for landlord liens specifically). These forms certify the lien enforcement and authorize title transfer.

If the vehicle is model year 2011 or newer, an Odometer Disclosure form MV2488 must also be provided to the purchaser, unless the MV1 Title and License Plate Application is used instead, which contains odometer information.

Apply For Title

The purchaser of a vehicle sold through the Abandoned Title Process must apply for a Wisconsin certificate of title within 10 days from the sale date under § 342.40(3)(c). For the Involuntary Lien Process, Wisconsin law does not mandate a specific statutory deadline; however, prompt application is advisable to secure legal ownership.

The purchaser may apply for title online through the MV1 Online Application or by submitting a completed MV1 Title and License Plate Application form to the Wisconsin Department of Transportation. The application must be accompanied by the MV2419, MV2881, or MV2882 form as applicable, the odometer disclosure form (if applicable), and proof of the public sale. Any applicable title fees must be submitted with the application.

Special Rules For Vehicles With Title Defects Or Salvage Designation

If the current certificate of title for the vehicle carries a salvage designation or title brand, the subsequent title issued after the abandoned vehicle sale will also bear that designation. If a lienholder appears on the vehicle's title and releases the lien, a lien release document must be provided with the title application; otherwise, the lien will transfer to the new owner's title. Wisconsin law does not require inspection or rebuilding of salvage vehicles for title transfer following an abandoned vehicle sale, though individual municipalities may impose additional requirements.

Maintain Records

All documentation related to the abandoned vehicle sale must be preserved for examination by the Wisconsin Department of Transportation and other authorized parties. Records must include certified mail receipts and delivery confirmations sent to owners and lienholders, owner and lienholder information obtained through record requests, copies of the public sale notice, the bill of sale or transfer certificate, the applicable form (MV2419, MV2881, or MV2882), and any invoices for towing, storage, or other services rendered. The Wisconsin Department of Transportation may verify these records upon request.

Wisconsin Storage Fees And Financial Considerations

Towing and Storage Charges

Wisconsin law establishes maximum allowable charges for towing and storage of vehicles removed from private property under Trans 319.03. These maximum charges apply to private property towing situations and serve as a regulatory ceiling for all commercial towing services:

Storage fees may not be charged for any calendar day on which the storage facility is open fewer than 4 consecutive hours between 8:00 a.m. and 5:00 p.m. for vehicle retrieval. The storage period begins on the date and time the towing service provides notice to law enforcement, as required by Trans 319.05, and continues until the vehicle is retrieved.

The owner of an abandoned vehicle is responsible for all costs of impounding and disposing of the vehicle. If the vehicle is sold and the sale proceeds do not fully cover towing and storage costs, the municipality or county may pursue civil action against the original owner to recover unpaid costs. Conversely, if sale proceeds exceed the costs of towing, storage, and disposal, the municipality or county retains those proceeds.

Notice and Record Requirements for Charges

When a towing service removes a vehicle from private property, the towing service must notify the appropriate law enforcement agency (police department or sheriff) prior to removal, providing the name and address of the vehicle's registered owner and all lienholders of record. This notification requirement is separate from the certified mail notice sent during the abandoned vehicle claim process.

Dispute Resolution

If a dispute arises regarding towing or storage charges assessed against the original vehicle owner, the owner or an authorized designee must file a written complaint with the towing company and the law enforcement agency commander within a specified timeframe. Upon receiving a complaint, the towing service must suspend the accrual of additional storage charges while the dispute is reviewed, protecting the owner from excessive fees during the resolution period.

Application of Sale Proceeds

When a vehicle is sold, all proceeds from the sale must first be applied to recover towing costs, storage charges, and other expenses incurred in removal, impoundment, and preparation for sale. Under the Abandoned Title Process, any net proceeds (sale price minus costs) are retained by the municipality or county for the general fund unless otherwise specified by local ordinance. Under the Involuntary Lien Process, any net proceeds are applied first to satisfy the lienholder's claim, then to other secured interests, and finally to the entity that conducted the sale, subject to the priority of liens recorded against the vehicle.

Contact Information

Wisconsin Department of Transportation
4822 Madison Yards Way, Madison, WI 53705
Phone: (608) 266-1425 or (608) 264-7447
Official Website: Wisconsin Department of Transportation